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Why does the Torah (תורה) combine judges and enforcement officers under one command (veshaftu)? Rashi (רש"י) reveals that shotrim function as extensions of the judges themselves, creating a system based on truth rather than political considerations. This transforms Jewish courts into educational institutions that prevent crime rather than merely punish it.
This shiur analyzes Parshas Shoftim's unique presentation of the judicial system, focusing on why Rashi (רש"י) gives an elaborate explanation of shoftim and shotrim here for the first time. The fundamental question is grammatical: why does the Torah (תורה) use the single verb 'veshaftu' for both judges and officers, rather than separate verbs? Rabbi Zweig explains that Rashi addresses this by showing that shotrim are not independent enforcers but extensions of the judges themselves, ensuring 'kabbalas hadin' (acceptance of judgment). This creates a system where enforcement is guided by truth and justice rather than political considerations. The shiur contrasts this with secular systems where enforcement (executive branch) is separate from judgment (judiciary), leading to political rather than truth-based decisions. The requirement for numerous judges in every city of 120 people (70 judges total including students) serves not to handle high crime rates but to create an educational presence that prevents crime. This system only works in Eretz Yisrael where the environment can be controlled. The judges must be both expert (mumcheh) and righteous (tzaddik) because they serve as role models. The concept 'titen lecha' emphasizes that the community must accept the authority of these judges over themselves, creating objectivity despite the appointment process. The use of 'shaar' instead of 'ir' suggests that cities become gateways to the world of truth when based on justice.
Parshas Shoftim 16:18-20
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